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2025 Supreme(Online)(Mad) 59802

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. J.NISHA BANU, Mrs. S.SRIMATHY, JJ
The Executive Officer Arulmigu Sri Sutha Rathneswara Swamy Temple Sorakkottai Village Thanjavur District – Appellant
Versus
Sri Sutha Rathneswara Swamy Private Temple Trust Sorakkottai represented by its President and Treasurer of the Trust Madhusudan Dilipsinh Mohite – Respondent


Advocates:
For the Appellants: Mr.V.Chandrasekar
For the Respondents: Mr.K.Mahendran for Mr.T.Ravikumar for R1, Mr.J.Ashok Addl. Government Pleader

Table of Content
1. petitioner's claim of temple as a private trust. (Para 1 , 2)
2. historical management indicates private trust. (Para 3)
3. state interference rejected due to natural justice principles. (Para 4 , 5 , 6)
4. ruling affirms private status of the temple. (Para 10 , 11)
5. final order dismissing the appeals. (Para 14)

COMMON JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.)

Both the writ appeals have raised similar issues, hence both taken together and a common order is passed.

2.(i) The W.A.(MD)No.1149 of 2025 is filed by the Executive Officer, 4th respondent in the writ petition against the order dated 25.11.2024 passed in W.P. (MD) No.25273 of 2023, wherein the writ petition was filed for Writ of Mandamus to direct the respondents to remove the board immediately that was installed in the land belonging to Shree Sudda Ratheneswara Swamy Private Trust Temple situated at Soorakkottai Village of Thanjavur District based on representation dated 05.09.2023 and consequently direct the respondents to hand over the land to the petitioner Trust.

2.(ii) The W.A.(MD)No.1150 of 2025 is filed by the Fit Person, 5th respondent in the writ petition against the order dated 25

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